Dec F 2005 11:02 1l2/a7/28e5 1e:57 8584146749 DEPR OGA PAGE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Petitioner, V5. License No, 2612262 OCEAN PARK OF PONTE VEDRA License Type 2003 Apartment Respondent Case No, 2005053425 ee! ADMINISTRATIVE COMPLAINT The DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF HOTELS AND RESTAURANTS, (‘Petitioner’), files this Administrative Complaint against OCEAN PARK OF PONTE VEDRA, (“Respondent”), and says: 4. Petitioner is the state agency charged with regulating the operation of public lodging establishments and pliblic food service establishments, pursuant to Section 20.155 and Chapter 509, Florida Statutes. 2. Respondent is, and has been at all times materia! hereto, llcensed by or subject to the jurisdiction of the Division of Hotelg and Restaurants. The respondent's business address of record Is 4235 MARSH LANDING DR, JACKSONVILLE BCH, FLORIDA 32250.The mailing adress of record is OCEAN PARK OF PONTE VEDRA, at 8711-11 PERIMETER PARK BLVD, JACKSONVILLE, FLORIDA 32218. 3. Inspection of this establishment conducted pursuant to Sec, $09,032, Florida Statutes, revealed violations of the provisions of Chapter 509, Florida Statutes, and / or the rules promulgated thereto governing operation of the establishment The violation(s) found and applicable law are described in Exhibit “A,” attached hereto and incorporated herein by reference, Inspection decuments are attached as Exhibit "B", Incorporated herein by reference. WHEREFORE, Petitioner respectfully requests entry of an Order imposing one or more of the following penalties: administrative fine not to exceed $1,000 per offense; mandatory attendance at Respondent's expense at an educational program sponsored by the Department's Hospitality Education Program, suspension, revocation, or refusal of a license issued pursuant to this Chapter, and/or any other relief authorized by Chapter 509, Florida Statutes, or the rules promulgated thereto, Signed October 14, 2005 Steve Von AL AE Gnn By delegation of the Director, or designee Division of Hotels & Restaurants Department of Business & Professional Regulation COUNSEL FOR THE DEPARTMENT: Charles F. Tunnicliff,, Lead Attorney Florida Bar No. 0153831 Department of Business & Professional Regulation 4940 North Monroe Street Tallahassee, Florida 32399-1007 CERTIFICATE OF SERVICE BY CERTIFIED U.S. MAIL, ARTICLE NUMBER; 7160 3901 9849 2413 4826 | HEREBY CERTIFY that a true and correct copy of the foregoing AOMINISTRATIVE COMPLAINT has been hand served by me on this day of : Received by: Inspector's Signature Operator's Signature Title Tithe Case Number: 2005053425 Form revised 08.13.05 Licanse Type: 2003 Apartment District Number: 05 License Number: 2612262 OCEAN PARK OF PONTE VEDRA ad/ag Dec 7 2005 11:02 1l2/a7/28e5 1e:57 8584146749 DEPR OGA PAGE @5/ag License Number: 2612262 License Type: 2003 APARTMENT Case Number: 2005053425 Exhibit A “FC” as cited herein references specific provisions of the Food Cade, Recommendations of the United States Public Health Service, Food and Drug Administration, incorporated by Chapter 61C, Florida Administrative Cade. "NFPA" as cited herein references specific provisions of the National Fire Protection Association Life Safety Code, Incorporated by reference at Chapter 44-3, “Fire Prevention, General Provisions’, Florida Administrative Code, and 61C-1.004(5), Florida Administrative Gode. It ig alleged that on July.21, 2005 and September 7,.2005 the licensee was in violation of Florida Statute 509(FS) and/or the Rules of the Division of Hotels and Restaurants, Florida Administrative Code (FAC), In the following particulars. Copy(s) of the report(s) for the above referenced inspection(s) are attached hereto and incorporated by reference as Exhibit B. * 4.0204 NFPAS8, 34.9.2 [LP GAS] CONTAINERS HAVING WATER CAPACITIES GREATER THAN 21/2 POUNDS ({KG) SHALL NOT BE LOCATED ON BALCONIES ABOVE THE FIRST FLOOR THAT ARE ATTACHED TO A MULTIPLE FAMILY DWELLING OF 3 OR MORE LIVING UNITS ONE ABOVE THE OTHER [EXCEPTION: WHERE SUCH BALCONIES ARE SERVED BY OUTSIDE STAIRWAYS AND WHERE ONLY SUCH STAIRWAYS ARE USED TO TRANSPORT THE CONTAINER. OBSERVED AN LP GAS TANK HAVING A WATER CAPACITY GREATER THAN 2.5 LBS. ON BALCONY - BUILDING 5. * 2.04.01 616-1.004(5)FAC ALL FIRE SAFETY, PROTECTION AND PREVENTION EQUIPMENT MUST BE INSTALLED, APPROVED, MAINTAINED AND USED IN ACCORDANCE WITH CHAPTER 509, FS AND THE NATIONAL FIRE FROTECTION ASSOCIATION LIFE SAFETY CODE CHAPTER 101, AS ADOPTED BY THE DIVISION OF STATE FIRE MARSHAL IN CHAPTER 44-3, FAC. OBSERVED A TROUBLE/ALARM LIGHT ILLUMINATED ON THE FIRE ALARM CONTROL PANEL INDICATING TROUBLE AT PULL STATION BUILOING 3, *3.04-12 4A4-48.005(1) INFORMATION APPLICABLE IN NFPA SHALL BE A MINIMUM REQUIREMENT AND SHALL BE CONTAINED IN THE RECORD OF COMPLETION PROVIDED TO THE CONSUMER WHEN THE FIRE ALARM SYSTEM IS INSTALLED OR IMPROVED (SEE FIGURE 14-7.2.1, NFPA 72). OBSERVED NO INSPECTION REPORT AVAILABLE FOR THE FIRE ALARM SYSTEM. * 412-06 GIC-3.001(11}(A)FAG AS PROVIDED IN SECTION 509.2112, FS, EVERY PUBLIC LODGING ESTABLISHMENT WHICH IS 3 OR MORE STORIES IN HEIGHT, OR WHICH HAS A VERTICAL DISTANCE OF 17 FEET OR MORE FROM THE LOWEST GRADE LEVEL TO ANY BALCONY MUST SUBMIT TO THE DIVISION A CERTIFICATE STATING THAT ANY AND ALL BALCONIES, STAIRWAYS, AND RAILWAYS HAVE BEEN INSPECTED BY A PERSON WHO, THROUGH EDUCATION AND EXPERIENCE, IS COMPETENT TO INSPECT MULTI-STORY BUILDINGS AND FOUND BY SUCH PERSON TO BE SAFE, SECURE, AND FREE OF DEFECTS, THE TERM “'BALCONY™ IS DEFINED AS A LANDING OR PORCH THAT IS ACCESSIBLE TO OR USED BY THE PUBLIC AND SHALL INCLUDE THOSE PORTIONS OF A BUILDING WHICH ARE UNENGLOSED, EXCEPT BY A RAILING, GUARDRAIL SYSTEM, BALUSTRADE, OR PARAPET, IT SHALL ALSO INGLUDE THOSE PORTIONS OF A BUILDING WHICH ARE ENCLOSED BY SCREENING, OR OTHER NON-PERMANENT BUILDING MATERIAL. OBSERVED NO BALCONY CERTIFICATE AVAILABLE. * denotes critical violation Exhibit A Case Number: 2005053425 Page 1 License Type: 2003 APARTMENT Licanse Number: 2612262 Dec 7 2005 11:03 1l2/a7/28e5 1e:57 8584146749 DEPR OGA PAGE 86/a9 Page 1 _ STATE OF FLORIDA ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OS amimytndecom/dier EXHIBIT B CALLBACK INSPECTION REPORT LEGAL NOTICE Failure to comply with this Notice may initiate art adriinistrative complaint that way recuit in sunpenalon or revocation of your lance and fines, 9/7/05 1:20:35 PM Warning NAP2612262 NAPT _ Callback Inspection Data and Time Inpation Rea License Number OCEAN PARK PARTNERSHIP LTD SGRERISTARTIVE COMPLAINT recomended, 5430601 Owner Name Area Code/Telephone Number OCEAN PARK OF PONTE VEDRA Business Norn inspection Recult igs 07F21/2005 Number of Units Requested Callback DateyTitne ; Trttial Warning Date 4235 MARSH LANDING BR JACKSONVILLE BCH FL 42250 Address ] Cty f State [dlp 7 ete, Comments Fax 727 5550, Fax balcony cert and fire alarm corrections. Tha following Hams) have been racommended for Administrative Complaint: Molation: 02-04 , Observed an LP gas tank having # water capacity graster than 2 1/2 ibs. on a balcony. building 5. Miolation: 04-01 Dbserved 4 troublefalarm light Mluminated on the fire alarm control panel, indicatns trouble at pull statian.building 3 a Ae Ny Pala on Data Signature of Reclplent : Reclptant: Jerry Herington For further ntormetion Deose oo contact: Titi Bonnie Bradshaw ie Maintenance Supervisor Sanitation and Safsty Spaclalist 7960 Arlington Phone: 904 543 0601 Expressway Suite 610 Jacksonvitie, A, 32221 880 487-1295/ 904 727-5556 Fax OBPR Form HE 5022-005 Dec 7 2005 11:03 12/87/2085 18:57 8584146749 DEPR OGA PAGE 87/89 STATE OF FLORIDA ~ EXHIBIT B rmez Licensa Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS NAPT —NAP2612262 www. nryforkds.com/dipr Business Name BACK INSPECTION REPORT OCEAN PARK OF PONTE VEDRA LEGAL NOTICE Inspection Date 9/7/08 1:20:35 PM Failure to cornply with this Notices may Initieta ati administrative complaint Grit iny nagult in suspenalon or revocation of your Heehae : and fines, Wiowtion: OFS g JObyerved no Inspection report avaltable for the fire alarm system. Not available on site. Violation; 12-06 JObserved no bakony certificate available, [Tha following Item(s) ara In catmpllance: Molation: 03-04 rved no Inspection report available for the fire sprinkler system. Missing spare heads and wrench. Must obtain, Also verify code installations not raquirad. iolation: C620 . Observed an amargency light that Is not functioning when tested. all Nights shall ba checked for proper functioning, JDBPR Forty HR 5022-005 Dec F 2005 11:08 12/87/2885 DEPR oA 18:57 8584146749 PAGE @8/ag Page 1 EXHIBIT B — STATE OF FLORIDA ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF HOTELS AND RESTAURANTS wwer.myflorkds.com/dbpr LODGING INSPECTION REPORT Fallure to compty with this Notice may h LEGAL NOTICE nitiate an administrative compinint that may result In suspension or nvecation of your licetea and fines, 7/2105 2:15:46 PM Routine 2612262 NAFT Inspection Oate and Time Inspection Reason License Number OGEAN PARK PARTNERSHIP LTD RWARRENG: . Gwner Name Violations in the operation of your 5430601 *y OeAN PARK OF PONTE VEDRA establishment must be corrected byt Araa Code/Telephone Number Business Name Inepection Result 16a 08/22/2005 08:00 AM 06/01/06 Nomber of Units Teilback Date/Tine (canes Expiration 4235 MARSH LANDING DR JACKSONVILLE BCH FL 32250 Address [city 7 State 7 Zip 7 ete. Team 01; Aire Extinguishers: Teern 03: Sprinklers and Standplpe Them 04: Alarm Systane Ttem 12; Balcony Certification A Class ABC type Fire Extinguisher, found In/at stotage room hae # certification date of 02/05 A Class ABC typa Fire Extinguisher, found Infat storage thom hes a certification date of 02/05 A Clans ABC type Fire Extinguiaher, found In/at storage room haga certification date of 02/05 A Clase ABC type Fira Extinguisher, found infat storage toon has a certification date of 02/05 Certification Data: 02/05 Certification Date: 03/05 NOTE: items marked above with an aateriék (*) Indicate a violation Inspector's Comments Bulldingé 3 and 6 indleate trouble on alarm panel. All system troubles throughout, Hable at callback Inspection. ahall ba corrected. Ensure proper documentation for fire alarm corrections lé Tacknowledge receipt of this Imspection fori and comments. ab Raulonens Bulow 7/2405 Date Signature of Recipient Inspector Signature Recipient: Lisa Redoway For further Information plaase contact: Te Leasing consultant Fee ae ty Spactallst 7960. Arkngton Phone: 904 543 0601 Expreseway Sulte 610 Jacksonville, FL 32211 B50 487-1995/ 904 727-5556 Fax STATUS "SAFETY __SAFET¥ Yes 70] Fire extinguisher/standpipe systerrs 12 Balcony, ralling safaty; maintalned No 702 Fire Hazards Yea ~SC«*S Bulllding repair — Na 03 Sprinkler eystern yes, "44 Proper lacking devices | Ne 704 Smoke detectors; fire alarm systems STATUS SANITATION Yes #05 Smoke detectors; hearing impalred Yes 45 Bathrooms; public; guest; supplies No 06 Exits; obstructions, exit sighs, emergency lights ‘Yes {6 Water source sate; hot/eold provided yes 1707 Electrical Deficiencies Yea T7 Bedding; bed linens, towels Yes *08 Boller, boiler room Yes TS Houschold fumishings Yes 09 Lighting; public, Quest rooms Yes 19 Plumbing Yes *10 Adequate heating Yes 20 Ventilation Yes "Li Appllancas properly installed; maintained Yes FT Toxics; storage, use Volations marked with an asterisk are erttical violations. Ttems marlosd YES are in compllance. ttans Marked NO are violations. Specific datalls of violation are feted on subsequent pages. tems marked N/A are Not Applicable, Tems Marked ae N/O art Not Observed, and were not belng conducted at the te of inspection. DBPR Forr HR: 5022-014 Dec 7 2005 11:04 12/67/2865 16:57 8584146749 DEPR OGA PAGE 89/89 . Page 2 “_ STATE OF FLORIDA ws Licanse Number DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION NAFT 2612262 DIVISION OF HOTELS AND RESTAURANTS wun. mrypfiorida.com/dipr Business Name OCEAN PARK OF PONTE VEDRA LODGING INSPECTION REPORT TICE Inspection Date 7/2105 2:35:46 PM Failure to comply with this Notice may Inttiate an adminiatrative complaint that mney result In suspension oF revocation of your Hcanse and fines. STATUS a SANITATION | STATUS CONSUMER PROTECTION Yes 22 Tee protection ex 34 Licengee; criminal conduct 3 [Yes 25 Glassware; tableware; utensils sanitized Yee 35 Florida Clean Indoor Alr Ack Yar #34 Vermin control Yes 6 Telephone surcharge posted Yes "ie Premises maintained Yee 7 Guest Register — Yer 36 Garbage and refuse disposal STATUS GENERAL, Yer Pa7 Sewage and Wacte water dispocal Yes 98 Current license, displayed, available upon request STATUS CONSUMER PROTECTION — a9 Housekeeping Yes 28 Advertivement Yes 40 Other conditions, safa, canitary " Yes 29 Guest property; lability, notified Yes Li Posting operstor sarvice Information ves 30 Room rate schedule Yes 12. Blocking operator accese rl yes 31 Room rates posted Vex 43 Copy of Ch. 509, FS! avaliable Yes Bz Securlty deposit STATUS INFORMATION Yes 33 Unethical business practice; overbooking [Yes 44 Hospitality education Program Information provided Violations rarked with an astarik are cridcal vidiy#ona, Tema retried VES are in compltnes. items Marked NO ure violations. Specific detalis of Molation até fisted om subsequent pages. hems marked N/A are Not Applicable. Thartta Marked as N/O ate Not Observed, and were not being conducted at the tind of Inspection, Warning(s)}: is 02-4 Obsarved an LP gaé tank having & weber capacity greater than 2 1/2 Ibs. on & balcony, bullding 3 and throughout, 03-04 ~ Observed no inspection report avalluble for the fire sprinkler systetn. 04-01 - Gbyerved a droublefalanm light Illuminated on the fira alarm cantro! panel. Indicates trouble at pull statlon.bulding 3 04-13 = Observed no Inspection report available for the fire alarm system. 06-20 - Observer! an emenjency light that le not Functioning when texted. ail lights shall be checked for proper functioning. 12.06 - Observed no balcany certificate avaltable, Total Nunmber af GOS Vielathons: t Total Number of Repeat Violstons: 0 DPR Form HR 5022-024

Docket for Case No: 05-004426